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Letter3.org - Still Worried About Displa

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Kasher will determine who gets the vacancy rights.

AA CAN flow back to the current seats per Sup. W.

You are absolutely right--the AA/APA agreement is not legal--Sup. W and Letter 3 stand as originally negotiated. The only question is will the arbitrator rule that furloughed AA pilots can not only displace current non-Eagle Rights CA's but move into the new aircraft too.

As I posted a couple of months ago, APA was sincerely trying not to come to this point. Your MEC went against the advice of ALPA Nat'l legal counsel and told APA they weren't entitled to ANY flowback.

I know how it feels--my MEC let me down at a critical point a couple of years ago, too. The rank and file should be just as pi**ed that the MEC failed them at this crucial time.

APA has already voted to eat the $10M/yr. it would cost to park people on the Saab because of the no furlough clause. AA and AE management accepted it.

The training center will be at max effort anyway to cover the new aircraft coming.

This truly sucks for everyone.TC
 
Why in the hell would we want to "follow the advice from ALPA national legal department"? They are trying to court APA to return back to ALPA. Second...ALPA national was the brain behind Jets-For-Jobs and would love for the concept to spread throughout the regional world. As far as I am concerned I don't trust AMR/APA or ALPA National. I think they all are the enemy and must be handled with extreme caution.

No ScAAbs!!

Only 21% had the balls!! Enjoy your "new" pay check.
 
So, APA is just supposed to forget that Sup W exists? "That's ok guys, we're glad you all flowed through but we don't really need the flow back."

The Eagle MEC picked a bad time to play "all or nothing".

As far as listening to ALPA attorneys, if the TWA MEC had listened, I'd have 100 CA's in STL below me, wouldn't be getting furloughed AND it couldn't be changed without ALL four parties' agreement.

Eagle signed Letter 3/Sup. W and will have to live with the consequences of not taking the opportunity to it to limit the flowbacks.

Again, this is really unfortunate--for everyone.TC
 
AA717driver, we have a lot of problems with your assertions...

Kasher will determine who gets the vacancy rights.

There are no vacancy rights in Letter 3 for non-Eagle pilots. One has to become an Eagle pilot to get vacancies. AA pilots only have displacement rights.

If Kasher decides to give away our vacancies, we believe that he would be illegitimately changing not Letter 3, but our Basic Agreement. It was never the intent of Letter 3 to give away our vacancies.

APA was sincerely trying not to come to this point.

On the Eagle side, we can't remember the last time APA was ever sincere with AE/AA issues. In fact back in 1995 when AE pilots had to vote for one union, APA said "go ahead and vote for us if you want, but we'll have to significantly raise your dues." They (APA, not necessarily the average mainline pilot) didn't want us and still don't. They don't want Eagle pilots on their side of the fence. And they also don't want to live with the limited number of flow back positions they are entitled to - they'd rather take all the growth slots instead. No deal.

Your MEC went against the advice of ALPA Nat'l legal counsel and told APA they weren't entitled to ANY flowback.

Don't know where this came from. But our past experience with ALPA National is not good. We have a 16 year POS contract in part due to ALPA National selling us out. They also want us to sell out our vacancy rights now. Fool me once...

it would cost to park people on the Saab because of the no furlough clause

It would be pretty dumb for Eagle to put more Saabs out in the desert. The ones there now aren't selling - everyone wants RJ's. Eagle is moving to a Fee per Departure so parking Saabs means less departures which means less cash. AA gets all of our revenue so parking Saabs means less seats sold which means less cash. AA needs cash flow.

Also we're recalling the SJU furloughees (into the Saab, BTW) after management figured out we really did need these pilots. Too many crew cx's and the cover up wasn't working. Also, with displacements, they need a training bubble so any threat of furloughs is moot while there are mass displacements.


The training center will be at max effort anyway to cover the new aircraft coming.

Not true. No change to capacity is needed because we aren't getting more jets in addition to our current orders. We already were getting 2-3 EMB's a month (37-44 seat) and the only change is that all will be 50 seats. Since 9/11 when the flow through stopped, we've trimmed the schoolhouse down to the capacity needed to fill the new jets and recheck the existing pilots. To fill new jets and quickly displace current captains, then you'd see instructors being hired, etc..., but it isn't happening and the company isn't required to max out its capacity.

So, APA is just supposed to forget that Sup W exists? "That's ok guys, we're glad you all flowed through but we don't really need the flow back."

No, they are supposed to live up to their word along with management. It's a sad day when one labor group attacks another's contract! If they want a change, then negotiate it!

Since Eagle pilots have been the whipping boy of APA, there is very little goodwill between the groups and you're hard pressed to find any of us willing to give them a concession based upon our mutual history. APA knowing this instead would rather "take" what they refuse to negotiate. We don't know if it's arrogance, ego, or what, but they agreed to have limited "displacement rights" at Eagle, not unlimited "vacancy rights".

It's a shame that they would rather follow management's divide and conquer game than take the high road and respect a fellow union group.

But to be honest, that is typical of APA. They don't try to protect the profession of the airline pilot in general, only their own jobs at AA. And it's no wonder that they are in the mess they find themselves in today. They have very few friends in the industry. ALPA would love to take them in, but not because of respect or anything like that, but to have your dues and your numbers so that ALPA can fight for the big major airlines.

The Eagle MEC picked a bad time to play "all or nothing".

Last time we checked, management and APA assaulted our vacancy rights and our Letter 3. What did ALPA do to bring this on? Nothing! So why are we the bad guys? Because we don't want others to "steal" our contractual rights? Because we want respect? We have a contract and we're willing to live it. Why isn't your union and your company willing to live up to their word? Does their word mean anything? Should it?

Eagle signed Letter 3/Sup. W and will have to live with the consequences of not taking the opportunity to it to limit the flowbacks.

Here's where you really don't understand our objection to your union's actions. Management loves guys like you because you repeat their arguments without fully picking apart the issue. The issue isn't displacements vs. no displacements. The issue is your side trying to hijack our vacancy rights. If APA wanted to leverage our vacancies from us, they should have tried to negotiate before they signed the TA, not after. APA failed you and your colleagues. They got in a hurry, added plenty of arrogance, and believed management's promise that we would roll over on these changes. Now that we haven't, you think we're the bad guys? Again, what did the Eagle pilots and ALPA do to create this Letter 3/TA mess? Nothing, because we weren't even at the negotiating table when APA stumbled.

APA, like management, time after time tries to get changes through hostile actions instead of mutual respect and negotiations. Don't expect any favors from the Eagle pilot group. Favors aren't rewarded or remembered by management or APA. In fact, APA and management seem to have more in common with each other, than do APA and ALPA. What's up with that?
 
Thanks for the reply,

Kasher will determine who gets the vacancy rights.

"There are no vacancy rights in Letter 3 for non-Eagle pilots. One has to become an Eagle pilot to get vacancies. AA pilots only have displacement rights."

Kasher WILL determine vacancy rights specifically because they are not spelled out in Sup. W/Letter 3. The question arises with Sec. IV C. which states: "If no CJ Captain position at AMR Eagle, Inc. is available for a furloughed AA pilot, such pilot shall not have any further displacement rights at AMR Eagle, Inc. and chall be furloughed as an AA pilot, with the exception that a furloughed A pilot who is displaced from CJ Captain status may elect either of the following options..."

"If Kasher decides to give away our vacancies, we believe that he would be illegitimately changing not Letter 3, but our Basic Agreement. It was never the intent of Letter 3 to give away our vacancies."

Arbitrators routinely "change" or interpret(depending on who "wins") contract language.

APA was sincerely trying not to come to this point.

"On the Eagle side, we can't remember the last time APA was ever sincere with AE/AA issues. In fact back in 1995 when AE pilots had to vote for one union, APA said "go ahead and vote for us if you want, but we'll have to significantly raise your dues." They (APA, not necessarily the average mainline pilot) didn't want us and still don't. They don't want Eagle pilots on their side of the fence. And they also don't want to live with the limited number of flow back positions they are entitled to - they'd rather take all the growth slots instead. No deal."

That may have been true in the past, but I sat at the table in November of last year and was involved in the APA BOD discussion trying to get Eagle not only on the same seniority list but under the same representative umbrella and I know there was not person there who expressed ANY of the sentiments you list. This was way before I was slated to be furloughed and before the scope of the AA furloughs was known.

Having been on the receiving end of the "wrath of APA", I find it reprehensible that another pilot group be delt with unfairly or looked upon as inferior.

Your MEC went against the advice of ALPA Nat'l legal counsel and told APA they weren't entitled to ANY flowback.

"Don't know where this came from. But our past experience with ALPA National is not good. We have a 16 year POS contract in part due to ALPA National selling us out. They also want us to sell out our vacancy rights now. Fool me once..."

As I try to tell the pro-ALPA AA pilots, you get what your MEC negotiates, not what you deserve. That contract will go down in history as a huge failing for an ALPA-represented carrier. However, the Eagle MEC brought it to the pilot group and they voted it in...correct?

it would cost to park people on the Saab because of the no furlough clause

"It would be pretty dumb for Eagle to put more Saabs out in the desert. The ones there now aren't selling - everyone wants RJ's. Eagle is moving to a Fee per Departure so parking Saabs means less departures which means less cash."

I didn't mean park the airplanes. I meant park the excess pilots on the least costly piece of equipment in the inventory. In fact, they don't even have to train everyone--just pay them Saab FO pay and keep them home. That's where the $10M/year figure comes from.

The training center will be at max effort anyway to cover the new aircraft coming.

"Not true. No change to capacity is needed because we aren't getting more jets in addition to our current orders. We already were getting 2-3 EMB's a month (37-44 seat) and the only change is that all will be 50 seats. Since 9/11 when the flow through stopped, we've trimmed the schoolhouse down to the capacity needed to fill the new jets and recheck the existing pilots. To fill new jets and quickly displace current captains, then you'd see instructors being hired, etc..., but it isn't happening and the company isn't required to max out its capacity."

The 2-3 airplane's-worth figure is all that is advertised as available for the flowback at this time. This has to be cost-neutral so APA agreed to not force them to ramp up to displace--until the deliveries are completed.

There won't be any immediate displacements even if Kasher rules in APA's favor. Until the new airplane deliveries are completed, any flowbacks will go to them until the current number of non-Eagle-rights CA's has been reached. If Kasher rules against APA, at that point, the flowbacks will stop. If he rules in favor of APA, the actual displacements of the non-Eagle-rights CA's will begin.

So, APA is just supposed to forget that Sup W exists? "That's ok guys, we're glad you all flowed through but we don't really need the flow back."

"No, they are supposed to live up to their word along with management. It's a sad day when one labor group attacks another's contract! If they want a change, then negotiate it!"

Sup. W/Letter 3 allow for flowbacks to displace all Eagle CA's except for Eagle-rights CA's. APA believes new aircraft deliveries will be open to flowbacks because they will be on the property while the displacements are taking place. Until all non-Eagle-rights CA's have been displaced, each new aircraft that arrives will be subject to the provisions of Sup. W/Letter 3.

"Since Eagle pilots have been the whipping boy of APA, there is very little goodwill between the groups and you're hard pressed to find any of us willing to give them a concession based upon our mutual history. APA knowing this instead would rather "take" what they refuse to negotiate. We don't know if it's arrogance, ego, or what, but they agreed to have limited "displacement rights" at Eagle, not unlimited "vacancy rights". "

APA tried to negotiate. I was there. Again, they(and the ALPA National attorneys) believe that Sup. W/Letter 3 provides for flowback into any Eagle CA seat not held by an Eagle-rights pilot.

"It's a shame that they would rather follow management's divide and conquer game than take the high road and respect a fellow union group.

But to be honest, that is typical of APA. They don't try to protect the profession of the airline pilot in general, only their own jobs at AA. And it's no wonder that they are in the mess they find themselves in today. They have very few friends in the industry. ALPA would love to take them in, but not because of respect or anything like that, but to have your dues and your numbers so that ALPA can fight for the big major airlines."

Agreed.

The Eagle MEC picked a bad time to play "all or nothing".

"Last time we checked, management and APA assaulted our vacancy rights and our Letter 3. What did ALPA do to bring this on? Nothing! So why are we the bad guys? Because we don't want others to "steal" our contractual rights? Because we want respect? We have a contract and we're willing to live it. Why isn't your union and your company willing to live up to their word? Does their word mean anything? Should it?"

As I learned about 16 years ago, nothing that has anything to do with two pilot groups has anything to do with respect. It is about leverage and what you get from an arbitrator or court. As Carl Icahn taught us--"nothing personal, just business."

Eagle signed Letter 3/Sup. W and will have to live with the consequences of not taking the opportunity to it to limit the flowbacks.

"Management loves guys like you because you repeat their arguments without fully picking apart the issue. The issue isn't displacements vs. no displacements. The issue is your side trying to hijack our vacancy rights. If APA wanted to leverage our vacancies from us, they should have tried to negotiate before they signed the TA, not after. APA failed you and your colleagues. They got in a hurry, added plenty of arrogance, and believed management's promise that we would roll over on these changes. Now that we haven't, you think we're the bad guys? Again, what did the Eagle pilots and ALPA do to create this Letter 3/TA mess? Nothing, because we weren't even at the negotiating table when APA stumbled."

This has nothing to do with management--AA would prefer that we weren't pushing this. Again, APA has been trying to negotiate this since November '02. There is no hijack effort, vacancies are not specifically addressed. In section IV. C. it mentions "CJ Captian positions...available". If there are 100 ERJ's and 75 CRJ700's on ORDER, there are positions available. Or not... That is why Kasher is being asked to rule.

"APA, like management, time after time tries to get changes through hostile actions instead of mutual respect and negotiations. Don't expect any favors from the Eagle pilot group. Favors aren't rewarded or remembered by management or APA. In fact, APA and management seem to have more in common with each other, than do APA and ALPA. What's up with that?"

Don't get to altruistic about ALPA. It is a profit center that just happens to be a union. However this works out, remember this--Don't ever think for one second that ALPA National has YOUR best interests at heart. As you said, they care only about your dues and maintaining the minimum level of support to keep everyone in the fold. ALPA's motto should be "Pull up the ladder, I've got mine!"TC
 
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Kasher WILL determine vacancy rights specifically because they are not spelled out in Sup. W/Letter 3.

Read Letter 3 and you'll see that it is the "exception" to the Basic Agreement (Preamble section). Since Letter 3 does not contain vacancy rights, IT DOES NOT CONTROL THEM. That's probably the simplest concept to understand yet at the same time one of the hardest concepts to get get people to fully appreciate. Letter 3 is NOT a stand alone document. It is a supplement to the mother of all contracts, our Basic Working Agreement. If it's not in Letter 3, the Basic Agreements control it.

Expedited arbitration, such as Kasher's, is for Letter 3 issues only. An argument could be made that since this grievance was about vacancies, that it shouldn't have been filed as a Letter 3 expeditied arbitration. Also, just because this grievance is about how management misapplied our vacancies doesn't mean that the only solution, even if he rules for management, is a wholesale erosion of our vacancy rights.

The section of Letter 3 that you quoted has nothing to do with vacancy rights. An AA pilot ONLY has a displacement right. If there are no slots to displace to, you're done, you go on furlough with no future flow back rights. AA pilot do not have vacancy rights at Eagle.

Having been on the receiving end of the "wrath of APA", I find it reprehensible that another pilot group be delt with unfairly or looked upon as inferior.

Join the club! If you're not an AA pilot that was "hired" then somehow in the eyes of many on your side, you're a second class aviator. It really is that bad. That's not to say that the average mainline pilot feels that way, but most seem to have a little or a lot of that attitude. But then when they fly with you, and you fly just like them, they forget that you really aren't "different". It's a stupid prejudice that exists. It's also evidence at how successful management has been at the "divide and conquer" game.

That may have been true in the past, but I sat at the table in November of last year and was involved in the APA BOD discussion trying to get Eagle not only on the same seniority list but under the same representative umbrella and I know there was not person there who expressed ANY of the sentiments you list.

APA only tries to get whats when it has a specific need and not because of any long term future vision to solve any institutional problems. We have tried for 15 years to get APA to see that if we're all on the same list and in the same union, and if we act like one pilot group, we'd all do a lot better in getting management to show up at the negotiating table.

But what does APA do instead? Fight Eagle pilots, fight for more SCOPE, fight to get all the RJ's, tell us that they don't want their military buds to have to fly a stinkin' prop as a new hire, etc..... And what did they get for it? The TA and a fight from the Eagle pilots to preserve Eagle's vacancy rights.

Why was APA "sincerely" looking at bringing Eagle pilots into the fold? To "right" past "wrongs"?? Not on your life! It was to get us and our jobs under their control. Many of us are past APA members and we remember what it was like 10 years ago. APA is sincerely after our jobs and that's about it.

As I try to tell the pro-ALPA AA pilots, you get what your MEC negotiates, not what you deserve. That contract will go down in history as a huge failing for an ALPA-represented carrier. However, the Eagle MEC brought it to the pilot group and they voted it in...correct?

You're correct about the history, but back then our MEC, ALPA National, and management successfully got most of the line pilots to buy into Interest Based Bargaining. In hindsight, as Eagle was becoming "big", this was a way for ALPA to keep us under control. We know that ALPA railroaded us now. ALPA National simply does not fairly or enthusiastically represent regionals when those goals are in conflict with long term mainline goals.

Now with that past history in mind, ALPA National wants us to give into APA, but our MEC and our pilots won't be fooled and National can't do a **CENSORED****CENSORED****CENSORED****CENSORED** thing about it. They've tried and our MEC has told National "no deal". As you've seen, ALPA National will do what they think is good for APA because they want to romance APA at the expense of ALPA members.

I meant park the excess pilots on the least costly piece of equipment in the inventory. In fact, they don't even have to train everyone--just pay them Saab FO pay and keep them home. That's where the $10M/year figure comes from.

Sorry, if the Saabs are making money, and mass displacements will create a huge training bubble, there is no reason to furlough.

There won't be any immediate displacements even if Kasher rules in APA's favor. Until the new airplane deliveries are completed, any flowbacks will go to them until the current number of non-Eagle-rights CA's has been reached. If Kasher rules against APA, at that point, the flowbacks will stop. If he rules in favor of APA, the actual displacements of the non-Eagle-rights CA's will begin.

The grievance is was filed by ALPA against management. It is not against APA. APA doesn't win or lose. AA pilots only have a displacement right not a vacancy right. It's because of management's disdain for living up to a very expensive agreement, Letter 3, that we have this grievance. They'd rather "steal" our vacancy rights then show us the respect of negotiating a solution to their very expensive problem that they were fully aware of when they signed Letter 3.

The 2-3 airplane's-worth figure is all that is advertised as available for the flowback at this time.

With or without the TA, we're getting 2-3 EMB's a month. The training dept has been at that capacity since scaling down the dept post-9/11. They do not need anymore capacity to handle 2-3 planes. And whether Eagle pilots rightfully get Eagle vacancies or not, they still only need to train for those planes regardless of who gets to man them.

Sup. W/Letter 3 allow for flowbacks to displace all Eagle CA's except for Eagle-rights CA's. APA believes new aircraft deliveries will be open to flowbacks because they will be on the property while the displacements are taking place. Until all non-Eagle-rights CA's have been displaced, each new aircraft that arrives will be subject to the provisions of Sup. W/Letter 3.

Show us where you read that in Letter 3. Just because APA believes something, doesn't mean it becomes the law. Pre-9/11, most Eagle pilots believed that we were getting screwed by a misapplication of the Flow Through. It wasn't living up to the verbal expectations that we were told to expect. So guess what management did? That spelled out the "strict" application of Letter 3 to us and said, "Hah! We're doing it as agreed!" It doesn't matter what one believes when it's different from what's written, unless in this case all four parties are in agreement to change it!

APA tried to negotiate. I was there. Again, they(and the ALPA National attorneys) believe that Sup. W/Letter 3 provides for flowback into any Eagle CA seat not held by an Eagle-rights pilot.

Letter 3 allows an AA pilot to only displace a current RJ CAPTAIN, not take an RJ seat. Big difference. We have to have a captain for you to displace. Future deliveries don't have a displaceable captain until an Eagle pilot has bid his rightful vacancy and then chosen or not to become Eagle Rights. At that point, the system knows if there's another slot available for an AA pilot to displace into.

As I learned about 16 years ago, nothing that has anything to do with two pilot groups has anything to do with respect. It is about leverage......

Yep, and you could say that since APA already signed the TA, they don't have the leverage against the Eagle pilots that they could've had if we were brought to the table pre-TA signing. They f#$ked up big time! They already granted SCOPE relief and already gave up your displacement rights. And we're fighting their assault on our vacancy rights as AA and APA have no right whatsoever to change our contract without our consent.

This has nothing to do with management--AA would prefer that we weren't pushing this. Again, APA has been trying to negotiate this since November '02. There is no hijack effort, vacancies are not specifically addressed. In section IV. C. it mentions "CJ Captian positions...available".

You're seeing only what you want to see. I challenge you to read all of this and tell us where you think the theme has anything to do with vacancies. It's only refering to your only right - displacement....vacancy rights do not exist to non-Eagle pilots.

Section IV. Para's A, B, C, and D.

If you'd like to analyze all of those paragraphs here in context, that would be great!

Don't get to altruistic about ALPA.

Didn't. Only was talking about APA and management. ALPA National is not popular at Eagle. Fortunately, our MEC seems to be in step with our pilots on our vacancy rights.
 

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